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(영문) 서울남부지방법원 2014.12.11 2014나51836
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff’s preserved claim filed a lawsuit against C for the payment of overdue rent and unjust enrichment (Seoul Southern District Court 2010Kadan7716), along with the Plaintiff’s claim for delivery of the three-story neighborhood living facilities and leisure building on the land outside Yangcheon-gu Seoul Metropolitan Government, which is the leased building, on the ground of a claim for the termination of a lease contract based on a rent delay. On December 20, 2010, the said court granted the claim for the delivery of a building on December 20, 2010, and at the same time granted the claim for the return of rent and unjust enrichment, “C shall pay to the Plaintiff 10,000,000 and its amount calculated at the rate of KRW 2,50,000 per month from September 30, 2010 to the completion of delivery of the said building. The said judgment became final and conclusive at that time.

C Although the appeal was filed on April 3, 2013, in Seoul Southern District Court Decision 2013Na4536, Sept. 12, 2013, 2013, the said judgment became final and conclusive after receiving a judgment of rejection of appeal on the ground that “The delivery of a copy of the complaint and the original judgment against C is lawful and it is difficult to deem that C was unable to observe the time limit for appeal due to any cause not attributable to C.”

B. On February 1, 2011, C filed a registration of the establishment of chonsegwon with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) with the Defendant as the Seoul Southern District Court’s receipt of the right to lease on a deposit basis as of February 1, 201 (hereinafter “instant contract to lease on a deposit basis”) with the Seoul Southern District Court No. 4759, Feb. 1, 2011 (hereinafter “instant contract to lease on a deposit basis”) until January 31, 2013.

(hereinafter referred to as the “Registration of Establishment of Chonsegwon”).

(1) At the time of the establishment of chonsegwon’s right to lease on a deposit basis, C was the sole property owned by the instant apartment at the time of the registration of the establishment of chonsegwon, and the market price at the time of the instant right to lease on a deposit basis was KRW 240,000,000.

Dor small property (debted property) as of the time of the registration of the establishment of the right to lease on a deposit basis.

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